logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.02.08 2017나2027332
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The reasoning for this part of the court's explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following parts. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Provisions] Paragraph 1 of the judgment of the court of first instance

[3] Paragraph (3) (2), as follows, the Defendant: (a) on March 20, 2013, paid 650 million won to F, a creditor of the Plaintiff, by subrogation; (b) on March 20, 2013, the Defendant transferred 650 million won loan claims from F to F; and (c) on April 10, 2013, the Defendant completed the additional registration on the real estate listed in the attached Table 1 (hereinafter “G-owned real estate”) owned by F as well as the real estate listed in the attached Table 2 (hereinafter “real estate owned by the Plaintiff”) owned by the Plaintiff, the mortgagee of the right to collateral security, the F, and the maximum debt amount of one billion won for each registration of the establishment of a mortgage on March 20, 2013.”

-3), paragraph 4(4)(5)(2)(2)(2)(2)(2)(2)(2)(2)(2)(2)(3)(2)(2)(3)(2)(3)(3)(2)(3)(3)(3)(3)(3)(3)(4)(4)(5)(5

(1) On April 7, 2010, G made three loans to G: (i) KRW 1.1 billion; (ii) interest rate of KRW 7.7% per annum on April 30, 2015; (iii) interest rate of KRW 100 million on April 9, 2015; (iv) interest rate of KRW 5.31% per annum on April 9, 2015; (v) interest rate of KRW 1 billion on loans; and (v) interest rate of KRW 1 billion on April 30, 2016; and (g) interest rate of KRW 7.7% per annum (hereinafter referred to as “loan”).

(2) On the same day, the establishment registration of a mortgage on each real estate owned by G with a view to securing the principal and interest of the loan (hereinafter “the first collateral mortgage”) consisting of a debtor G, a mortgagee-mortgage-based cooperation, a maximum debt amount of 1.56 billion won, and a maximum debt amount of 1.56 billion won

(3) A debtor G, a mortgagee on a mortgage, and a co-operation with regard to each real estate owned by the plaintiff for the purpose of securing the principal and interest of the loan.

arrow